Judge Tosses DOJ’s Case against White Nationalists, Citing Lack of Antifa Prosecutions

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(Ken Silva, Headline USA) Criticizing the Justice Department for prosecuting right-wing activists while ignoring groups such as Antifa, U.S. District Judge Cormac Carney on Wednesday dismissed the DOJ’s case against two white nationalists who faced charges of planning and engaging in riots at political rallies in 2017.

The white nationalists—Robert Rundo and Robert Boman—were first charged in 2018 after participating in several fights at political rallies, and allegedly plotting to do the same at the 2017 Charlottesville Untie the Right event.

A federal district court dismissed the charges in 2019, finding that the federal Anti-Riot Act violated the First Amendment. However, the Ninth Circuit Appeals Court reversed the decision in 2021 and the charges were reinstated.

Now, Judge Carney, who was appointed by George W. Bush, has dismissed the case again, this time on selective-prosecution grounds.

As Headline USA reported Monday, Rundo and Boman were two of the first people in decades to be charged in the Ninth Circuit with the Anti-Riot Act, or ARA, which makes it a crime to use interstate travel or communications to plan a riot. Rundo filed a motion to dismiss last month, arguing that the DOJ hasn’t prosected Antifa and leftwing groups for the same crimes he was accused of.

In a move that surprised many, Judge Carney agreed with Rundo, granted his motion and ordered him to be released from prison Wednesday.

“The government uses the Anti-Riot Act, a once-rarely-used criminal statute, to prosecute members of the Rise Above Movement (“RAM”), a group of far-right, white supremacist nationalists, who attended several rallies and protests during which they engaged in violent acts,” Judge Carney said in his decision.

“At the same time, the government chose not to prosecute far-left extremist groups, such as Antifa, that went to the same protests and rallies and engaged in the same violent acts as alleged against the Defendants in this case, Robert Rundo and Robert Boman,” the judge added.

“That is constitutionally impermissible. The government cannot prosecute RAM members such as Defendants while ignoring the violence of members of Antifa and related far-left groups because RAM engaged in what the government and many believe is more offensive speech.”

White nationalists were quick to celebrate the judge’s ruling. But they also noted that a previous dismissal was overturned by the 9th Circuit, and that this latest dismissal could very well be overturned again.

Last time the case was dismissed, Rundo left the country and had to be extradited from Romania last year. He had been in jail up until today, and now his supporters are wondering if he’ll leave the country again.

“The government has already filed their notice of appeal. Rundo is under no obligation to remain in the United States,” noted white nationalist and alleged FBI informant Christopher Cantwell.

“It seems unlikely he’ll stay very long if he has the means to leave, but Rundo is on the ‘No Fly List’ and I am not sure by what mechanics he was traveling prior to his arrest.”

Meanwhile, one of Rundo and Boman’s codefendants, Tyler Laube, struck a plea deal last September and is set to be sentenced March 4.

Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.

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